Order 1

Order Details: Order
Pdf Text: 1 C. C. No.1999/SS/2018
Exh.41
ORDER BELOW EXH.41
1. This is an application moved by accused under Section 311
of Cr.P.C. for recalling of C.W.1.
2. Brief contentions in the application are as under:
Complaint is filed against accused under Section 138 of
N.I. Act. Accused pleaded not guilty and matter was kept for evidence
of complainant. It is contended that accused was in hurry to complete
the cross-examination and due to over-site forget to put the
suggestions. It is further contended that he is having good case on
merit and complainant may be recalled only for the limited purpose for
putting suggestions. It is next contended that no prejudice would be
caused to the complainant if application is allowed. Complainant has
submitted his no objection to the application.
3. Heard both sides at length.
4. Perused record. It appears that evidence affidavit of
complainant was filed on 26/08/2022 and on 13/04/2023 documents
were exhibited. Thereafter, on 16/02/2024, 26/03/2024 and
24/06/2024 cross-examination was conducted by the accused and
matter was posted for further evidence of complainant’s side. On
23/09/2024 present application came to be filed. Considering the
grounds mentioned in the application, interest of justice requires that
accused may be given fair opportunity to put up his defence. So
application deserves to be allowed. At the same time, it cannot be
ignored that there has been delay in the disposal of case due to him, so
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2 C. C. No.1999/SS/2018
Exh.41
some cost is necessary to be saddled on him. In the result, I pass
following order :
ORDER
1. Application is allowed subject to depositing costs of
Rs.3,000/- (Rupees Three Thousand Only) with D.L.S.A.
2. C.W.1 be recalled on payment of cost amount.
Date : 14/10/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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